LEGAL PRINCIPLE: LAND LAW — Land Use Act — Deemed Grant of Customary Right of Occupancy
PRINCIPLE STATEMENT
Persons in exclusive physical possession of land for agricultural purposes in a non-urban area immediately before the commencement of the Land Use Act are deemed holders of customary right of occupancy. Deemed grants are as valid as express grants and may not be defeated by unlawful subsequent dealing by original owners.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC, in Provost Lagos State College of Education & Ors v. Edun & Ors (2004) NLC-481999(SC) at pp. 10–11; Paras E–A.
"The respondents in the present case were in exclusive physical possession of the land in dispute and were using the same for agricultural purposes in a non-urban area or village called Otto/Ijanikin, Awori immediately before the commencement of the Land Use Act on the 29th March, 1978. They are therefore deemed holders of customary right of occupancy in respect of the land in dispute by operation of law at the commencement of the Land Use Act, 1978 on the 29th March, 1978. Their deemed grant is no less effective than a customary right of occupancy expressly granted by the appropriate Local Government. Deemed grants, whether of statutory or customary right of occupancy are as valid as express grants and may not be defeated by any unlawful subsequent dealing in respect of such land by the original owners thereof."
EXPLANATION / SCOPE
Exclusive physical possession of non-urban agricultural land at Land Use Act commencement creates a deemed customary right of occupancy. Deemed grants equal express grants in validity. The principle applies to land law under the Land Use Act. Original owners cannot defeat deemed grants by subsequent unlawful dealings. The deemed grant protects the possessor’s interest.
